[Cites 7, Cited by 0]
Delhi High Court
Major vs The State Nct Of Delhi on 6 April, 2026
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 06.04.2026
+ BAIL APPLN. 2799/2025
MAJOR .....Petitioner
Through: Mr. Sudhir Kumar Sharma, Advocate.
versus
THE STATE NCT OF DELHI .....Respondent
Through: Mr. Amit Ahlawat, APP for State
with Inspector Yogender.
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The accused/applicant seeks regular bail in case FIR No. 248/2024 of
PS Harsh Vihar for offence under Section 307/302/394/397/411/34 IPC and
25 of the Arms Act.
1.1 This bail application came up for the first hearing on 29.07.2025
before the predecessor bench and thereafter continued getting adjourned
before different benches. Along with 179 such old pending bail applications,
this application also was transferred to this bench.
1.2 Today is the first hearing before me. I have heard learned counsel for
accused/applicant and learned APP for State assisted by IO/Inspector
BAIL APPLN. 2799/2025 Page 1 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569
af3962c6fb4835d435f97626cacca, ou=HIGH
COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557099
6b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.04.06 17:27:02 -07'00'
Digitally Signed
By:RAHUL YADAV
Signing Date:06.04.2026
17:46:46
Yogender. During arguments, learned APP has shown me in his laptop the
CCTV footage relied upon by the State.
2. Broadly speaking, the prosecution case is as follows. On 07.05.2024,
DD No.108A was recorded on the basis of PCR call pertaining to a person
who had received stab injury on chest and the caller was taking him for
medical treatment in GTB hospital. On reaching the hospital, the IO found
the injured dead. There is no eyewitness to the alleged fatal stabbing.
However, the IO recorded statement of wife of the deceased, who had
reached the spot subsequent to the alleged stabbing and at that time the
deceased was bleeding profusely from his chest and was taken to the
hospital by a stranger. It is on the basis of a secret information and the
CCTV footage that three persons were found to be involved in the murder
and out of them, one is Child in Conflict with Law. The knife, allegedly
used in the murder was recovered from co-accused Suraj and the robbed
mobile phone of the deceased, was recovered from the Child in Conflict
with Law. Blood stained clothes of the accused persons were recovered and
have been sent to FSL.
3. Learned counsel for accused/applicant submits that he is innocent and
has been falsely implicated. It is submitted that the accused/applicant is in
custody since 08.05.2024 and there is no reason to keep him in jail.
4. Learned APP for State submits that the CCTV footage clearly depicts
all three assailants following the deceased. It is also contended that the
BAIL APPLN. 2799/2025 Page 2 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569
af3962c6fb4835d435f97626cacca, ou=HIGH
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557099
6b40f80cbd2eee60402c487965ff801e26fa,
cn=GIRISH KATHPALIA
Date: 2026.04.06 17:26:51 -07'00'
Digitally Signed
By:RAHUL YADAV
Signing Date:06.04.2026
17:46:46
clothes worn by the accused/applicant at the time of murder were seized and
FSL report on the same is awaited. It is also submitted by learned APP that
out of 28 prosecution witnesses, 03 have already been examined and now no
public person remains to be examined by the trial court. It is also contended
that even CDR location of the accused/applicant reflects his presence on the
spot of occurrence.
5. The alleged incident occurred on 07.05.2024 at about 10:30pm and
the accused/applicant was arrested at about 08:30pm on 08.05.2024. The IO
came to know about the assailants through a "secret informer". The clothes
allegedly got recovered by the accused/applicant were so recovered from an
almirah of his house on 08.05.2024. The time of the alleged recovery is not
known to the IO as he has not brought the Case Diary. In any case, the
alleged recovery would have been subsequent to 08:30pm, which is the time
of arrest. One wonders as to why the accused/applicant would retain the
blood stained clothes for more than 24 hours instead of washing off those
clothes as if he was waiting to get the same recovered. However, on this
aspect, the trial court shall take an independent view.
6. As regards the CCTV footage, I have seen the same and identity of
the spot depicted in the footage cannot be ascertained, as it is just a road.
The footage depicts one person walking across the road; after some time
another person walks across the road; after some time two more persons
walking separately across the road are visible. In one of the frames in the
CCTV footage, three persons are seen walking across the road in opposite
BAIL APPLN. 2799/2025 Page 3 of 4 pages
GIRISH
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec455
COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1557
0996b40f80cbd2eee60402c487965ff801e26fa,
Digitally Signed cn=GIRISH KATHPALIA
Date: 2026.04.06 17:26:41 -07'00'
By:RAHUL YADAV
Signing Date:06.04.2026
17:46:46
direction. There is nothing else in the CCTV footage.
7. So far as the CDR tracked location of the accused/applicant, the same
would show at the most presence of the accused/applicant in the area as
covered by the mobile phone tower, which covers hundreds of persons in
that area.
8. Considering the above circumstances, I do not find any reason to
deprive further liberty to the accused/applicant. Therefore, the bail
application is allowed and accused/applicant is directed to be released on
bail subject to his furnishing a personal bond in the sum of Rs.10,000/- with
one surety in the like amount to the satisfaction of the Trial Court.
9. Of course, nothing observed in this order shall be read to the prejudice
of either side at the final stage of the trial.
10. A copy of this order be immediately transmitted to the concerned Jail
Superintendent for informing the accused/applicant.
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4af
ec45569af3962c6fb4835d435f97626cac
ca, ou=HIGH COURT OF DELHI,CID -
KATHPALIA
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5
d15570996b40f80cbd2eee60402c48796
5ff801e26fa, cn=GIRISH KATHPALIA
Date: 2026.04.06 17:26:29 -07'00'
GIRISH KATHPALIA
(JUDGE)
APRIL 6, 2026/ry
BAIL APPLN. 2799/2025 Page 4 of 4 pages
